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What does a judge do to someone that talks a bout someone I…

What does a...

What does a judge do to someone that talks a bout someone I a public place e

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Minnesota

Lawyer's Assistant: Has anything been filed or reported?

No not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Is it worth going after them

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Answered in 5 minutes by:
3/11/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,152
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Could you provide me some background about your situation so I can better assist?

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Hello, just wanted to follow up to see if you got my last question.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,152
Experience: Licensed to practice before state and federal court
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Customer reply replied 5 months ago
He is saying that This friend of my is sleeping with me and he said this to him in a café where there were people listening, none of it is true. Can we go after tis person for cutting us down.
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Customer reply replied 5 months ago
call .e
Customer reply replied 5 months ago
call me
Customer reply replied 5 months ago
why can we not get together

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Customer reply replied 5 months ago
my number is(###) ###-####

Hello, I just tried calling. Are you available?

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This to me sounds like a case of defamation. Defamation is basically a false and defamatory statement, published to a third party, that causes harm (usually a lessened reputation in the community, lost business opportunity, or other harms as the facts dictate.) You may want to start with $1,000.

Although I don't know the full extent of what was the supposed defamatory statement, run the alleged statements through that analysis to see if it fits.

If it does, then the other party may have some defenses. Here are the typical defenses in a defamation case:

(1) Legislative Privilege - Meaning the statement was made in a legislative proceeding

(2) Judicial Privilege - any participant in a judicial proceeding the absolute privilege to utter defamatory statements

(3) Executive Privilege - privilege affords an absolute privilege to high ranking executive officers of state and federal governments when acting within the scope of their discretionary duties

(4) Domestic Privilege - affords a spouse the absolute privilege to make defamatory statements about a third person to their spouse.

Intentional Infliction of Emotional Distress Occurs means that if someone is intentionally causing severe emotional distress in another, then you may be able to recover for any physical damage that occurred because of the distress or simply for the distress alone. A way to measure it is to look at things like therapist bills, lost wages, medications, and just the general pain and suffering from the IIED.. A prima facie case requires: (1) outrageous conduct by the defendant, (2) intention to cause or reckless disregard of the probability of causing emotional distress, (3) severe emotional suffering and (4) actual and proximate causation of the emotional distress.

(5) Truth - if the statements you made were true, then this is a defense as well

(6) Opinion - courts have ruled that the opinion defense is one where if you provide your opinion, then a defamation charge will not stand.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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